In re Bothe’s Empirical Analysis
173 F. 597 · 1909
Citation profile
11 federal appellate · 7 district · 3 state decisions
How this case has been cited
Cited by 23 later decisions — most recently March 1966
11 federal appellate · 7 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hurley v. Atchison, Topeka & Santa Fe Railway Co. · Atchison, T. & S. F. Ry. Co. v. Hurley · First Nat. Bank of Buchanan County v. Connett · Landis v. McDonald · Benson v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As between the mortgagee and those dealing with and extending credit to the mortgagor subsequent to the date of the mortgage and prior to the recording of it, there is an obvious equity in favor of the latter.””
5 later decisions quote this exact passage · from the majority““Such a mortgage is also utterly void as to' simple contract creditors who extended credit after it was given and who have secured no title or lien by purchase, execution, attachment, or otherwise. As to them the subsequent recording of the instrument is of no effect; it camvot Toe asserted against the enforcement of their demands.””
1 later decision quote this exact passage · from the majority““Creditors of a mortgagor who became such after the mortgage was given, but before it was recorded, have equities superior to those of the mortgagee, and the mortgage remains void as to them, although subsequently recorded, and although they have acquired no title to or lien upon the property.””
1 later decision quote this exact passagee.g. In re Wade
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.